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Author: search.filters.author.Biswas, Sujit KumarStart date: 2020

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Now showing 1 - 4 of 4
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    Sabarimala Debate: An Analysis of the Judgment of Indian Young Lawyers Association V. State of Kerala
    (University of North Bengal, 2022-03) Biswas, Sujit Kumar; Baraily, Nivedita
    Religion has always remained one of the most intrinsic elements in an individual’s life. The rights to freedom of religion coupled with the right to equality are the monumental foundations of Indian democracy. When on one hand the Supreme Court was confronted to choose between women’s rights and religious rights, it inclined towards women’s rights in the case of Indian Young Lawyers’ Association v. State of Kerala and others. But was this choice made as a matter of public interest and beneficial to the general mass? This paper not only discusses the ongoing Sabarimala debate, that is, whether or not allowing women of menstruating age is a move towards women empowerment and development but also attempts to bring forth the subsequent reaction after the judgment. This research paper also attempts to comprehend whether such a decision of the Supreme Court contravenes the constitutional mandate of secularism.
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    Joint Forest Management and Community Participation: A Study in Indian Perspective
    (University of North Bengal, 2021-09) Biswas, Sujit Kumar; Rai, Ashima
    The Joint Forest Management Programme (JFM) has been a major thrust area of forest management over the last two decades. The programme is operating with main objective of forest management and empowerment of local communities through sustainable resource utilisation. The effective and meaningful involvement of local communities has been attempted under the Joint forest Management system in India by linking socioeconomic incentives and forest development. The present paper will provide a brief overview of the policy makers regarding the effectiveness of the programme operationalised in different parts of the country. It further tries to review the process of JFM and factors promoting community participation for forest management under the regime of JFM in India.
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    Rights of Hawkers: A Study under the Indian Legal Framework
    (University of North Bengal, 2021-03) Biswas, Sujit Kumar; Mondal, Champa
    Hawkers form an integral part of the urban economy. Majority of the population depends on hawkers for affordable goods and services. Hawking constitutes a sizable proportion of the informal sector and creates opportunities for entrepreneurship and self-employment. It is not only considered as a source of self-employment to the poor in cities but also an ‘affordable’ as well as ‘convenient’ means of livelihood to majority of the urban population. According to the Periodic Labour Force Survey of 2017-2018, there were around 11.9 million hawkers in India of whom it is the women who constitute a larger portion of these hawkers. Despite such a massive population being engaged in such occupation, hawking is characterised by uncertainty, extortion, and low standards of regulation. Therefore, it is necessary to observe whether these hawkers have been granted with any rights under the Indian legal framework. The study, therefore, focuses on the rights granted to the hawkers under the Constitution of India and under various legislation of India. It also examines those remarkable judicial pronouncements which uphold the rights of the hawkers. Special significance is given to the national policies framed by the Government of India to protect the interest of the hawkers. The study analyses the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. At the last but not the least, the study also focuses on the recent issues and challenges faced by the Government to address Covid-19 impact on the hawkers and provide some suitable suggestion to this respect.
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    Role of the Judiciary in Bringing out Social Transformation in India after Independence
    (University of North Bengal, 2020-03) Biswas, Sujit Kumar
    Society in India has always been very complex. Diversity of culture, religion, philosophy and political thought has been the essence of India.In 1950, the Constitution of India came into force and India became a ‘Republic’ and a nation with federal structure. States were divided on the basis of language and also culture. The multicultural characteristic of the country became more prominent than before. However, the ‘will of the people’ was reflected in the Constitution and the foundation of ‘Rule of Law’, good governance and respect for multiculturalism was laid therein. The goal of a new and vibrant India was in the minds of the Legislature, who were mostly the freedom fighters and who had dreamt of a new India. However, with the passage of time the interest of the common man receded in the background and they were left helpless and hapless. It was at this time the judiciary took up the task of acting as a catalyst in bringing about social change according to the changing needs of the society. The Indian judiciary rejected the British concept of dictatorship in the legal framework and evolved new devices to balance the conflicting needs of the society. The Indian judiciary while rejecting the Austinian brand of legal positivism reconciled both the conflicting interests of the society. Over the years legal justice has made way for social justice through a dynamic judicial process and creative jurisprudence which affirmatively rights both ancient and recent wrongs. There has now been a remedial realism to forensic formalism.